Lawyers, Answer Questions  & Get Points Log In
New York Nursing Home Abuse Questions & Answers
1 Answer | Asked in Elder Law, Health Care Law and Nursing Home Abuse for New York on
Q: My 85 year old Grandmother is in a nursing home do to mental illness. She is now refusing any and all care. Need advice

My grandmother has been diagnosed with dementia. For the last 6 months she has been refusing to take her medication, which then brings out the very worst in her. Paranoia takes over she picks at her skin to remove probes that control her. It's now to the point where her legs are swollen, inflamed... Read more »

Benjamin Z. Katz
Benjamin Z. Katz answered on Sep 12, 2019

If you believe she is incapable of making decisions for herself you can use the health care proxy. If the medical facility refuses to recognize it or believe she is still competent to make these decisions you will need to have the courts intervene. Generally, it is done by seeking Guardianship of... Read more »

1 Answer | Asked in Nursing Home Abuse for New York on
Q: If we feel the contract we signed for care is ripping us off, is this considered "abuse"?
Tim Akpinar
Tim Akpinar answered on Nov 4, 2018

The term abuse is sometimes used loosely, but it tends to generally involve the care of the individual. However, if you have concerns about the contract, reviewing its terms with an attorney could help you determine if there are issues in it that deserve further attention.

Tim Akpinar

1 Answer | Asked in Nursing Home Abuse for New York on
Q: What recourse is there if my dad got a medication overdose at his nursing home?
Tim Akpinar
Tim Akpinar answered on Sep 2, 2018

Available recourses could depend on whether the home or its agents were negligent in administering the medication. You could consult with a medical malpractice attorney, who could have questions as to what the medication was, what condition your father was receiving it for, what the magnitude of... Read more »

1 Answer | Asked in Elder Law, Family Law, Nursing Home Abuse and Wrongful Death for New York on
Q: If a family member passed from E Coli during a nursing home stay and wasnt properly watched over what can you do?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Mar 6, 2017

You may be able to sue the nursing home for negligence and wrongful death. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and... Read more »

1 Answer | Asked in Nursing Home Abuse for New York on
Q: Wife was dropped on floor from a hoyer lift in a nursing home. what recourse can i persue

The harness was improperly attached. wife told them she was slipping out and was ignored. I do have a witness to this. She fell approximately 5ft, onto her surgically repaired arm

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 14, 2017

You may be able to sue for negligence. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my... Read more »

1 Answer | Asked in Nursing Home Abuse and Personal Injury for New York on
Q: My father was held in a nursing home in Florida against his will and illegally. He wants to pursue a case. Any advice
Peter N. Munsing
Peter N. Munsing answered on Sep 2, 2016

Contact an attorney who handles nursing home abuse cases and is a member of the NYState Trial Lawyers Assn--they give free consultations.. These cases are often hard to bring as sometimes the patient isn't a good witness.

1 Answer | Asked in Elder Law and Nursing Home Abuse for New York on
Q: A nursing home is refusing to speak to me about a relative's death.

A nursing home is refusing to speak to me about a relative's death. She should have qualified for state aid for funeral expenses and due to some errors in her accounting where funds should have been paid from her SSI and Medicare to nursing home ,and overages are still showing when they should... Read more »

Robert D. Kreisman
Robert D. Kreisman answered on Jun 28, 2016

First of all you should find a lawyer to retain in your location who has experience dealing with nursing homes. In Illinois there is law that requires medical providers to release medical records, nursing home records and the like by a member of the family, spouse or next of kin. Nursing homes... Read more »

1 Answer | Asked in Nursing Home Abuse for New York on
Q: Are you a pro bono lawyer or legal aid lawyer for nursing home abuse?
Charles Snyderman
Charles Snyderman answered on Feb 2, 2013

From the sound of your question, I assume that you are concerned about paying attorney's fees. Most attorneys I know handle these types of questions on a contingency fee basis, which means there is no expense to you whatsoever unless and until the attorney obtains money for you. The fee is a... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.